Legal Question in Immigration Law in Florida

Cspa

my mother filed an I-130 for me in 2003 but she went under life act. She didnt file for me under life act. We are from Panama and entered the country legally but now have no proof of entry we entered in the 80''s i was only 2 years old. I am now 26,almost 27 in June, and have an approved I-130, the problem is that everytime in the past when we called uscis to see if my priority date was up we were told no, so in 2007 i filed a I-824 due to needing a duplicate receipt. That shows some proof that i called to check which i did very very often,now in January of 2009 i called to check again and was told that i had a visa available since Dec. of 2006, the immigration officer asked my why hadnt i tried for Cspa at that time, well i didnt know what cspa was until she explained it to me and after putting me on hold she advised me that i qualify for CSPA due to no proof of entry and that i have been in America since i was 2 years old without ever leaving. I have since done my medical exam, affidavit of support, I-485 and i-765 and turned it all in, i also went to my biometrics appt. I wonder since i didnt apply for i-485 within year of visa being available will i be denied for cspa,would my i-824 be proof enough that i was never inform


Asked on 4/29/09, 8:43 pm

1 Answer from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Cspa

Dear Inquirer:

I would need to know your mother's status at the time she filed the petition and her status now, as well as your current marital status to answer your question fully. Priority dates are now current for the F-2A category up to October 8, 2004, so I assume that you are single and your mother is a green card holder. Generally, if you reach the age of 21 an F-1A petition shifts to an F-2B petition, for which visas are available only for petitions filed on or before November 11, 2000.

Please email us at [email protected] or visit our website at www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation

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Answered on 4/30/09, 1:27 pm


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